Do the current tenants have legal rights to stay through their lease term?

Can a new owner of a commercial property break the lease with an existing tenant once the sale is final? We are looking into purchasing a building in Newton that is zoned commercial to use for our business. The current owner just signed a 3-year lease with the lessee that is currently occupying the building. Can we make an offer of the property contingent upon negotiating to have the current tenants vacate?

It is good business practice that you are weighing these issues before making an offer to purchase a commercial property. First, it is essential that you identify whether the pre-existing tenants are commercial or residential. Massachusetts law will be applied differently to residential leases because the law regards commercial leases as business transactions between parties of comparable sophistication and bargaining power and consequently imposes fewer restrictions on the nature and terms of commercial leases than it does on residential leases. Consequently, landlords generally have few opportunities to change the terms of a residential lease after it is signed. Feel free to contact us to discuss your situation further.

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